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25 December 2005

Selective Memory for Timmons?

Ladies and Gentlemen of the Jury, the witness is lying: We talked all about her litigation with her employer and I hand-delivered documents to her about my suspension in Ohio and American Tower Corporation -- at her place of employment, thank you. Told her I was limited in what I could do to help her because of my suspension status, thank you. We did talk about whether her settlement could be couched in a workers' comp arrangement, though. Straight up.

46 1 2 to your work to tell you about my case with 3 American Tower? 4 A. No. 5 Q. Really? Did you and I ever talk at 6 your work about job opportunities for me? 7 A. No. 8 Q. Really? Did you ever send me any 9 e-mails about job opportunities?10 A. Yes. I send everybody e-mails about11 job opportunities, so, yes. I probably would12 have sent you job opportunities as well.13 Q. So you and I never talked about any14 -- did you and I ever meet at work?15 MS. PROULX: Objection.16 Q. Withdrawn.17 MS. PROULX: That was two.18 Q. Did you and I ever meet at your19 work?20 A. Yes.21 Q. What do you remember talking about22 when we met at your work?23 A. NAACP.24 Q. Did we ever talk about your25 litigation with your employer?

47 1 2 A. No. 3 Q. How do I know about it? 4 A. I don't know. 5 Q. Mm-hmm. Did you settle your case 6 with your employer? 7 MS. PROULX: I'm going to object. 8 That information is confidential. I'm going 9 to instruct the witness not to answer.10 Q. Subject to the restraints of a11 protective order, Ma'am, did you ever settle12 your case with your employer?13 MS. PROULX: I'm going object. It's14 privileged information. I'm going to15 instruct the witness not to answer.16 Q. But you did have a case of racial17 discrimination against your employer, correct?18 MS. PROULX: I'm going to object.19 Privileged information. Do not answer that20 question. Thank you.21 Q. We'll note that for the -- the --22 for the record. Well, Ma'am, if I know23 about your lawsuit with your litigation with24 your employer, and you didn't tell me about25 it, do you have any idea who did?

48 1 2 MR. BAUER: Objection. 3 MS. PROULX: I'm going to object and 4 instruct the witness not to answer anything 5 about any pending matters with her employer. 6 Q. Ma'am, do you recall asking me for 7 -- me for help on your case with your 8 employer? 9 MR. BAUER: Objection.10 A. No.11 MS. PROULX: I'm going to --12 A. That's not true. Sorry.13 Q. So if I tell you today that I told14 you I couldn't -- I could only discuss15 things with your attorneys because I wasn't16 licensed, then I would be lying?17 MS. PROULX: I'm going to object. 18 Do not answer any questions with pending --19 whether there is or is not a suit, do not20 answer. And I would ask you to move on,21 please.22 MR. KING: It's my deposition. I'll23 move on when I'm good and ready.

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